S T A T E O F N E W Y O R K
________________________________________________________________________
10291
I N A S S E M B L Y
March 16, 2010
___________
Introduced by M. of A. REILLY -- read once and referred to the Committee
on Labor
AN ACT to amend the workers' compensation law, in relation to the
accrual of interest in workers' compensation disputes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 20 of the workers' compensation
law, as amended by chapter 635 of the laws of 1996, is amended to read
as follows:
1. At any time after the expiration of the first seven days of disa-
bility on the part of an injured employee, or at any time after the
employee's death, a claim for compensation may be presented to the
employer or to the chair. The board shall have full power and authority
to determine all questions in relation to the payment of claims
presented to it for compensation under the provisions of this chapter.
The chair or board shall make or cause to be made such investigation as
it deems necessary, and upon application of either party, shall order a
hearing, and within thirty days after a claim for compensation is
submitted under this section, or such hearing closed, shall make or deny
an award, determining such claim for compensation, and file the same in
the office of the chair. Immediately after such filing the chair shall
send to the parties a copy of the decision. Upon a hearing pursuant to
this section either party may present evidence and be represented by
counsel. The decision of the board shall be final as to all questions
of fact, and, except as provided in section twenty-three of this arti-
cle, as to all questions of law. Except as provided in [section]
SECTIONS TWENTY-A AND twenty-seven of this article, all awards of the
board shall draw simple interest from thirty days after the making ther-
eof at the rate provided in section five thousand four of the civil
practice law and rules. Whenever a hearing or proceeding for the deter-
mination of a claim for compensation is begun before a referee, pursuant
to the provisions of this chapter, such hearing or proceeding or any
adjourned hearing thereon shall continue before the same referee until a
final determination awarding or denying compensation, except in the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16386-01-0
A. 10291 2
absence, inability or disqualification to act of such referee, or for
other good cause, in which event such hearing or proceeding may be
continued before another referee by order of the chair or board.
S 2. The workers' compensation law is amended by adding a new section
20-a to read as follows:
S 20-A. ACCRUAL OF INTEREST IN DISPUTED CASES. NOTWITHSTANDING ANY
LAW, RULE OR REGULATION TO THE CONTRARY, INTEREST SHALL NOT BEGIN TO
ACCRUE UNTIL A FINAL DISPUTE RESOLUTION HAS BEEN MADE IN CASES OR
CONTROVERSIES COMMENCED OR DECIDED PURSUANT TO SECTIONS TWENTY, TWENTY-
THREE AND/OR TWENTY-FIVE OF THIS ARTICLE.
S 3. This act shall take effect immediately.